1. Basic Terms
Our Service gives Users the possibility to create, broadcast, stream, play, deliver, upload, share and transmit any Content of the User such as digital music, pictures, audio, video, images, metadata, comments, information and other multimedia. Users are allowed to share any content they create and nobody but they are liable for that Content. Moreover, they are given the possibility to post any Content shared with them by other Users, applying any features of the Service. Created playlists automatically are sent to the Service and synchronized with it.
MUZAPP IS NOT A CONTENT PROVIDER AND IT DOES NOT PHYSICALLY TRANSMIT MUSIC AND AUDIO FILES. WE PROVIDE OUR USERS WITH LINKS TO THE ITUNES STORE, WEB SITES AND OTHER RESOURCES.
Users are entitled to create, store, organize and modify their playlists, wish lists and other multimedia content. Moreover, they may create searchable databases of music, audio and video content as well as post and share recommendations on music and video content; create and manage social networks and online communities related to music; change color theme of the Service. Users may add pictures, images or other files that we allow to add to their posts and playlists. Music track, to which an image, picture or whatever other Content is added, is referred to a “Music Card”. Moreover, Music Cards, added to posts or playlists become public and may be replicated as well.
Our Users may also share playlists they created with other Users, as well as follow other Users’ accounts and collection of the Service.
Furthermore, Users may invite their friends to share music through the Service. In order to do it he/she shall point out a certain person in his address book he/she wants to invite; after that we send him a message with the invitation to share your Music Card and with your phone number included. We do it, so that the person receiving such message could identify the sender. Every User has a limited number of invitations. We reserve our right to send such invitations to Users when they provide us with their phone numbers; define and change the exact number of such invitations, as well as our right to deprive you of the opportunity to send such invitations to people from your address book.
Our Users are entitled to send direct messages to other Users of the Service as they are entitled to receive messages from other Users of the Service. These conversations are private. To start such conversation any User of the Service shall send another User certain Content, including music, image and so on. We reserve our right to alter this condition under the actual Terms of Service.
Users are allowed to post their profile pictures to the Service, therefore, these pictures also become part of the Service and the same rules and regulations (associated with User Content) are applied.
MuzApp provides advertising and promotional services, namely, promotion and advertising of music and entertainment products and services; retail store services in the field of entertainment, namely, audio and video content, digital pictures and related merchandise; contests to promote the sale of products and services of others.
Moreover, we render telecommunication services, namely, providing discussion forums for transmission of messages and audio and video content among users; transmission of streamed and downloadable digital audio and video content.
We also offer entertainment services, namely, providing a database of audio and video content, and information about music albums, artists and songs.
You are not allowed to use the Service if you are under the age of 13. In case you are 13 or older there is still some Content inside the Service that you may find inappropriate for you as a User (it may include profanity, mature subject matters and etc.). If you come across such Content, we strongly recommend you not to view it.
We presume our right to modify, suspend or terminate your access to the Service as well as the Service itself. We reserve to apply that right at any time and for any reason. We are not supposed to give you any notice of it. Furthermore, at any time and for any reason we reserve the right to decline User’s access to the Service. If we exercise the right mentioned above, we shall not be held liable either in whole or partially.
We do not take upon any responsibility for the creation, elimination or delivery of the Content of the User as well as for the failure to conserve any settings of the User or any his Content within the Service. We advise you to make a backup copy of all your information, data, audio, images and other media that you store within the Service. By accepting these Terms you admit that you recognize that some temporary interruptions may take place. In addition, you understand that we do not have any powers to control third party services that are accessible through our Service and hence we cannot supervise disruptions on, interactions with, or the performance of some these other services.
2. Modification to Terms
We are entitled to modify the Terms mentioned herein at any time. The day and time of last modification preceded these Terms. If there are some modifications that we consider to be material, we may use the Service to try to give you a notice; nevertheless, we recommend you to review now and then the most up-to-date version of the Terms; they are available at www.muzapp.com/tos . Any modifications come into force when posted and if you use the Service after the effective date, then you are supposed to accept the modified Terms.
1. Comply with applicable legislation, legal proceedings or governmental order;
2. Execute the actual Terms;
3. Investigate possible breaches and violations
4. Discover, detect, avert and by other means address potential fraud, security and other issues;
5. Cooperate with all support requests or
6. Protect and secure Users’ rights, data and information, as well as property and safety of MuzApp and the Public.
MuzApp is entitled to access your personal data, media center, iTunes library files (including video library) and to all metadata and databases that are created in your libraries.
Besides the information that the Service will require, mentioned above, MuzApp may require your telephone number, your full name as well as information on your mobile device (including ID, IP address, mobile OS and information about the way you use our Service) while registrating to the Service. We do so to give you the opportunity to get access to all features of the Service and use it properly. In addition, you may be required to allow us to access to your address book so you can get messages from and send them to the users. We will not collect any contact information but phone numbers of the users in your address book.
We do not collect the location of your mobile device as well as we do not give any permission advertising companies to collect User’s data for their consideration and targeting. As you register via your telephone number, it shall be considered to be your user ID. The process of registration is to be through verifying your phone number via a text message that will be send to you.
4. Use of the Service
We do not require you to register in order to use the Service although we should warn you in advance that full access to the Service is only open to registered users. It is available for you to register using your account on Facebook or e-mail address. If you are going to register through your e-mail address, you shall choose a username and password as well. You are obliged to give us complete proper and accurate registration information and inform us in case of any information changes.
The license, which gives you the opportunity to use the software provided by MuzApp, is non-commercial and non-exclusive as it is personal and available for public at large all over the world. Moreover, the actual license is royalty-free. You are allowed to use the Service and enjoy its benefits only within the scope of the stated Terms.
You are the only person accountable for securing your password as well as for all activity that may appear under your MuzApp account, no matter it was carried out by a third party. If you fail to secure your password as well as you allow third parties to use your MuzApp account, the Service will not be held liable for any consequences caused (including damages or loss).
In spite of other regulations stated herein, when a situation allows us, we are entitled to ban, redirect and delete particular usernames and terminate your account without notifying you beforehand if, on your part, there are certain violations of these Terms, corresponding regulations or applicable law. If your actions (omissions) touch upon the rights of any third party, such actions (omissions) constitute an infringement and, as a consequence, you will be held liable for violation.
We make all efforts to provide you with the best Service, which is to be accessible and appropriate at any time worldwide but, as the Service is free and available for downloading, we do not guarantee constant and uninterrupted operation of MuzApp without failures. In addition, we cannot ensure the proper operation of push-notifications service. We also do not guarantee proper operation of the Service if you use it in order to listen to any unauthorized content not acquired in iTunes.
5. Content of the Service
You are allowed to create, generate and post any Content such as pictures and images, audio and comments including other media to our Service. As mentioned above, we are entitled to delete any Content of the User on the Service at any time and for any reason yet it is not an obligation. MuzApp does not require ownership of the Content posted through or on the Service. A license for the Content is required from the User in order to make the Service available for the User himself and for other users.
If any User posts his Content on the Service therefore he/she provides us with a termless and non-commercial as well as assignable, non-exclusive and royalty-free license which is applicable and effective all over the world. Such license includes our right to use your Content in different ways: (i) as part of the Service, (ii) as part of the future Service aspects. The license consists of the following rights to: use, modify, copy, secure, host, reproduce, transfer, adapt, demonstrate, distribute and perform Content of the User as well as to make some derived Content which is based on yours. Moreover, other users are allowed to have an access to your Content and to use it in connection with their one. You have to provide us with sufficient evidence of the fact that you possess all the required rights to grant us that license. Though you may stop using the Service, the license remains in force.
If there is an actual necessity to transmit, display or distribute your Content through computer networks, various media, devices and services (for example, Facebook), MuzApp may modify as well as adapt you Content so that it is within requirements of one of the sources mentioned above.
In exchange you are also granted a license, which again is personal, non-commercial, applicable all over the world, non-exclusive as it is non-assignable. It gives you the possibility to demonstrate, download, distribute (redistribute), perform and view your Content. You are also entitled to make derivative (from your original Content) pieces of work.
If User alters the name of a music track, we cannot guarantee that it will be displayed properly or will be displayed at all.
When the music track that the User is eager to post, share and otherwise use on the Service, is absent in our data bank, in that case he/ she cannot post, share or use it in other way on the Service.
Nobody but you are responsible for any Content posts you create on the Service (or through various services and media) and for any consequences and damage or loss thereof. You shall remember that any Content you post will be open to other users of the Service and other Media and MuzApp is not responsible for the Content you post on the Service. If there is an assumption that the user or users violate your intellectual property rights or limitations mentioned in the actual Terms (other ways of infringement are possible), you may contact us at email@example.com .
6. MuzApp Rights
While Content of the User is presumed to be property of the User, MuzApp reserves all rights, title and interest in and to to be exclusive property of the Service, even if they are not directly expressed in the stated Terms. Our Service is protected against any infringements and violations by copyright and trademark as well as by applicable legislation of the United Kingdom and other countries. By accepting the Terms you agree that you allow us to use all your comments, feedback and suggestions.
Our Service reserves the right to use any User Content for advertising consideration.Moreover, we are entitled to include any advertisements we find reasonable to post in you feed.
MuzApp also reserves the right to store User’s data on the Service and transfer information related to recently purchased music, created playlists and listened music, to third persons. After you delete audio or music from your music library or your account, information associated with it, is stored on the Service.
MuzApp is allowed to make the Service fully or partially fee-based.
7. Restrictions on Content and Use of the Service
In order to use our Service you shall accept the following limitations.
The Content that you post shall not:
- contain any nude (excluding non-sexual and artistic) or sexually explicit or pornographic images, photos or pictures;
-violate rights of third persons that are protected by trademark, copyright and other intellectual property rights;
-abuse, threaten, harass, contain defamatory information, discriminate, impersonate or intimidate other users and third persons.
-contain spam or abusive social media tags and break applicable laws as well as any money-making ventures, for-profit business (including content hosted on behalf of a business, for instance posted to the Service and redirected to another company’s website) or brand, advertising
-contain images of cruelty and exploitation towards minors and animals.
By accepting these Terms, you shall admit that our computer systems and systems of our providers are protected and you will not access, probe, test or scan their vulnerability or breach or circumvent any security or authentication measures.
It is prohibited to access or search or trying to do anything of the above by any means but available MuzApp interfaces.
You are forbidden to remove,crawl, scrapeand otherwise cache MuzApp as well as its User Content if no permission was given by the Service.
Moreover, you are not allowed to falsify any header information (e.g. TCP/IP packet header) and forge it in any email or posting.
You must not interfere or disrupt (or attempt to do interfere or disrupt) users, the Service or servers or networks, including by overloading, transmitting any worms or viruses, creating or submitting unwanted email or comments to any user (Spam on the Service.
By accepting these Terms, you understand that you use MuzApp at your own risk and that the Service is not responsible for any content posted on it. Nevertheless, we reserve our right to execute the restrictions mentioned above and these restrictions are in our sole discretion.
8. Copyright Policy
If you repeat any copyright infringement, MuzApp shall terminate your account and prohibit to access. If there are any beliefs that any User violates your copyrights or copyrights of your client (in case you are a legal agent), you may give a notice according to the Copyright, Designs and Patents Act 1988(CDPA) http://www.muzapp.com/copyright .
9. Term and Termination
In order to cancel the agreement concluded between you and MuzApp you may terminate your account and stop using the Service. Keep in mind that you account may be deactivated by MuzApp as well. To deactivate you account, please contact us firstname.lastname@example.org. If you terminate the agreement, your license for use of the Content posted on the Service will still be active.
As it was already stated, we are entitled to terminate (suspend) your access to the Service. In this case we will make efforts to give you a notice of your termination either trough the Service itself or by the e-mail pegged to your account. We may terminate it at any time and for any reason.(e.g.(i) violation of Terms; (ii) posting User Content which is not within regulations given in the Terms; (iii) discontent with the Service we provide).
By accepting these Terms you admit that after termination of your account some copies of your Content may remain in force and be available for others as it may also be removed later. Therefore we reserve the right to store User Content for a reasonable period of time after terminating User’s account.
10. Disclaimer of Warranties
You acknowledge the fact that you access to and use MuzApp as "it is" and as «available» without any warranty or condition and at your own risk. We disclaim all warranties, conditions, merchantability, fitness as well as non-infringement.
MuzApp shall not be liable in any manner whatsoever for the following cases:
Plenitude, accuracy, accessibility, timeliness, safety and security of the Service or Content.
Any harm or damage that is inflicted by your access to or use of the Service (e.g. to your computer system or loss of data).
Removal of your User Content which is listed on the Service.
Failure to store or transmit that Content (including other ways of communications supported by the Service).
We provide the Service with links to third-party websites or resources.
By accepting these Terms you acknowledge the fact that we disclaim all responsibilities and liabilities for the consequences that may result and for the content, services as well as products that are available in these websites and resources. You agree that you click on a link that MuzApp gives you at your own risk.
Moreover, we are not responsible for searching and acquiring music and other Content in the iTunes store as it is provided by Apple Inc.
11. Limitations of Liability
MuzApp disclaim any responsibility for the following consequences:
i. damages or loss (including loss of data and other intangible losses) either direct or indirect as incidental or punitive and others
These consequences shall result from: (i) your access or failure to access (as well as use or failure to use) to the Service; (ii) third parties’ activities (e.g. illegal, defamatory, abusive or offensive conduct or their Content on the Service); (iii) any content acquired on the Service; (iv) modification of your Content on the Service; (v) unauthorized access or use of that Content. In any case, monetary compensation paid shall not exceed $100 USD or the sum that you paid to MuzApp in the past six months for the provided services.
The regulations here mentioned shall be applied in case of any kind of liability (including negligence). They shall be applied no matter MuzApp has been notified or not of the opportunity of any such damage. Moreover, it is invoked even if a remedy stated herein is found not to have succeeded of its essential purpose.
By accepting the Terms you acknowledge that if we make a request for you to admit the fact that we are free from and not responsible for all liabilities, claims and expenses (e.g. attorney’s fees arisen from your use or misuse the Service), you will agree to it and be on our side in case of court proceedings in order to defend and indemnify us. The same rule applies vice versa.
13. Applicable Law and Jurisdiction
The relationship under these Terms and under the whole agreement is subject to the laws of the United Kingdom and any action related thereto. It is presumed that all legal proceedings and litigations (claims), which may arise, shall be considered and heard in the Chancery Division of the High Court either by the Patents Court or the Intellectual Property Enterprise Court.
Where MuzApp is located. You confirm you consent to the jurisdiction of and venue in that kind of courts and disclaim any objection related to inconvenient forum.
14. Entire Agreement
15. Waiver and Severability
If MuzApp fails to execute any point or right listed in the Terms, it does not mean that such point or right is waived. When one (or more terms/ provisions) is considered to be invalid or unenforceable such term (or terms/ provisions) is to be eliminated or limited while other terms will unexceptionally remain in force.
16. Gracenote® End User License Agreement
Portions of the content is copyright © of Gracenote or its providers.
This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.
You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
© Gracenote, Inc. 2009
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